U.S. Supreme Court
Bingham v. Bradley, 241 U.S. 511 (1916)
Bingham v. Bradley
Submitted April 4, 1916
Decided June 5, 1916
241 U.S. 511
This Court will not presume that the demanding government will suffer a person surrendered pursuant to treaties of 1842 and 1889, with Great Britain to be tried for any offense other than that for which he is surrendered.
Where the commissioner had jurisdiction, the offense is within the treaty, and if he acts upon competent and adequate evidence, his finding cannot be reversed on habeas corpus.
One of the objects of § 5271, Rev.Stat., providing for admission in evidence in extradition proceedings of properly authenticated copies of depositions and proceedings is to obviate the necessity of confronting the accused with the witnesses against him, and neither that section nor Article X of the Treaty of 1842 should be so construed as to require the demanding government to send its citizens to the country where the fugitive is found to institute legal proceedings; such a construction would defeat the object of the treaty.
A fair observance of the extradition treaties with Great Britain requires in this case that the accused be surrendered, all the objections being technical, and, as the order was made by a commissioner having jurisdiction, on evidence furnishing reasonable ground for belief that the accused had committed a crime in Canada which is an offense within the treaty both there and in Illinois where he was found, it should be affirmed.
The facts, which involve the validity of an order of an United States Commissioner holding a person for extradition under the Treaties of 1842 and 1889 with Great Britain, are stated in the opinion. chanroblesvirtualawlibrary